Blog Post

Wednesday, June 21, 2023

THE LATEST WINNING BRIEF FROM THE LAW OFFICE OF AKINTUNDE F. ADEYEMO, PLLC: EB-2 (NIW) APPROVED FOR A VETERINARIAN SCIENTIST

I am happy to share that my law firm has successfully represented a client from Africa. USCIS delivered the Approval Notice to my address last night.

Having shared this life-changing news with my client (a veterinarian scientist), who was super excited to hear that his EB-2 (NIW) petition was approved by the U.S. Citizenship and Immigration Services (USCIS), I would like to provide more insights into this case.

Speaking of the timeline, I filed this brief on January 23, 2023 (USCIS confirmed receipt on the January 27, 2023). In this case, my client opted for a regular processing time, which takes between 3 to 9 months. Sure, this adjudication took months, but prospective clients can choose premium processing, but the USCIS charges a lot of money for that (premium adjudication has no bearing on the outcome of a case, so think twice before making that expensive decision).

EB-2 (NIW) is an employment-based second preference (EB-2) - National Interest Waiver (NIW) petition, and it is one of the statutorily approved ways for qualified foreigners to become permanent residents in the U.S., and, subsequently, become U.S. citizens. For EB-2 (NIW), your location is irrelevant (the ultimate question is: can you satisfy the requirements under the Matter of Dhanasar, inter alia)? For my clients who are in the U.S., as in the case at hand, their (petitioner and derivative beneficiaries) Green Cards will be processed in the U.S. via the Adjustment of Status filing. For H-1B clients, as in the case at hand, on June 14, 2023, the USCIS revised the regulatory requirements at 8 CFR 204.5(p), allowing for employment authorization documents (EADs). In practice, unlike F-1 and other non-immigrant visa holders who have to wait for the priority date to kick in, H-1B holders and their spouses may apply for EADs.

My client, whose highest level of education at the time of filing was a Master of Veterinary Surgery, is a researcher in the specialized areas of diabetology and gastrointestinal diseases. Among other outstanding qualifications, my client received a prestigious international scholarship award from the North American Veterinary Community. With a strong history of research collaborations with his international peers, my client’s research work has been published in reputable journals, in addition to serving as a reviewer for scholarly, peer-reviewed scientific publications.

Inter alia, documenting his progressive accomplishments in the specialized areas of diabetology and gastrointestinal diseases, which he accumulated in different countries, and connecting that to the national interest of the United States, the brief survives all the three prongs.

His proposed endeavor, which is within the general field of veterinary medicine, is at the interface of human, animal and environmental health; and will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: improving animal health, livestock agriculture and therefore benefit human health, my brief argues.

In drafting this brief, I had multiple touchpoints with the client. Understanding what the client does is very critical to filing an NIW brief. Moreover, by providing verifiable evidence, my brief argues that my client — who plans to collaborate with researchers in the field of translational and regenerative sciences (stem cells) — is well positioned to advance research in the areas of gastroenterology and diabetology. With his verifiable research accomplishments in experimenting the roles of Vitamin C in diabetic animal models and the destructions caused by mycotoxin Aflatoxin B1 to the stomach, my client is well positioned to prospectively contribute to the scientific knowledge in the aspect of digestive system, my brief argues.

To explain the importance of my client's proposed endeavor, my brief uses ‘everyday English’ to reinforce my argument: The proposed endeavor involves, inter alia, probing into the intestinal tissues or cells that have the ability to heal very fast on their own, which are also capable of healing ageing stomach or other parts of the intestines. This is very important because both animals and human beings are constantly involved in activities (eating and drinking) that are later processed by different organs in the stomach. The stomach ages, of course, and this proposed endeavor will also explore certain physiological and anatomical changes that take place in the stomach, as well as researching medicinal drugs and stem-cell therapy that may likely help to cure certain intestinal diseases in both animals and humans, the brief argues.

Additionally, my carefully written brief cites, as well as analyzes, different applicable laws, regulations, and pertinent evidence to corroborate the assertions. NIW cases are tricky, so you need to consider hiring a lawyer that understands all the nuances of the law. Before I draft every brief, I do comprehensive research on the AAO’s website, as well as review the Kurzban’s Immigration Law Sourcebook: NIW cases are won on the merit of the argument. Factual and legal arguments. In fact, it is an evidence-based petition. As in the case at hand, I submitted verifiable evidence showing that my client was a recipient of a national research grant in his home country, as well as verifiable evidence showing the influence of his work beyond the shores of Africa. To support this brief, I submitted 92 exhibits.

As a matter of fact, there was no RFE request, for the first legal brief survived all the three elements of the Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016): (1) his proposed endeavor has both substantial merit and national importance; (2) that he is well positioned to advance the proposed endeavor; and (3) that, on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification. And the brief established that he met each eligibility requirement of the benefit sought by a preponderance of the evidence. Matter of Chawathe, 25 I& N Dec. 369, 375-76 (AAO 2010).

To satisfy the third prong of Dhanasar, relating to the question of whether it would be beneficial to the United States to waive the requirements of a job offer, and thus of a labor certification. In my own opinion, this is the trickiest legal analysis under the Matter of Dhanasar. Having read a lot of denied cases via the Administrative Appeals Office, I usually consider the third prong as equally important as the first two prongs. Here, my legal analysis focused on three of the factors enumerated by the Dhanasar Court: (1) whether, in light of the nature of my client’s qualifications or proposed endeavor, it would be impractical either for my client to secure a job offer or for him to obtain a labor certification; (2) whether, even assuming that other qualified U.S. workers are available, the United States would still benefit from my client’s contributions; and (3) whether the national interest in my client’s contributions is sufficiently urgent to warrant forgoing the labor certification process. I answered in the affirmative. Let me stop there, for now. I don’t want to bore you with the analysis. You can read more about my analysis of the Matter of Dhanasar on the firm’s website: www.akinalaw.com.

Moreover, my client's projected future contributions, judging from his past achievements in similar endeavors, will greatly contribute to the United States’ efforts to fight diabetes and gastrointestinal diseases, as well as meaningfully contribute to national initiatives and priorities of the United States.

With this crucial phase now over, and while waiting for the priority date to kick in, my client will continue his work in the areas implicated in the proposed endeavor: and he and his wife can take advantage of the new policy from the USCIS. This is a big win for my client and his family members (derivative beneficiaries): a step closer to the American dream.

Again, congratulations to my client!

#eb2niw#immigrationlawyer#immigrationattorney

The Law Office of Akintunde F Adeyemo, PLLC is now accepting new clients in the areas of EB-2 (NIW) and EB-1A.

To read more about EB-2 (NIW), visit: https://www.akinalaw.com/blog/11/a-permanent-residency-option-for-foreigners

To read more about EB-1A, visit: https://www.akinalaw.com/blog/18/eb-1a-frequently-asked-questions

For a free (100%) case evaluation for EB-1A/EB-2 (NIW), contact the attorney-in-charge of The Law Office of Akintunde F Adeyemo, PLLC:

Akintunde F. Adeyemo, Esq.

Attorney, Counselor & Solicitor

734-318-7053 (Call, Text, Including WhatsApp)

Website: www.akinalaw.com

Email address: info@akinalaw.com

***For informational purposes only. Past success does not indicate the likelihood of success in any future legal representation***

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